AN OVERVIEW OF DRAFT ENVIRONMENTAL MANAGEMENT AND COORDINATION (STRATEGIC ASSESSMENT, INTEGRATED IMPACT ASSESSMENT AND AUDIT) REGULATIONS, 2018

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1 AN OVERVIEW OF DRAFT ENVIRONMENTAL MANAGEMENT AND COORDINATION (STRATEGIC ASSESSMENT, INTEGRATED IMPACT ASSESSMENT AND AUDIT) REGULATIONS, 2018

2 INTRODUCTION The Environmental Management and Coordination (Strategic Assessment, Integrated Impact Assessment and Audit Regulations), 2018 are meant to repeal the Environmental (Impact Assessment and Audit) Regulations, The main aim of the Regulation is to align it to the Environmental Management and Coordination Act (EMCA) and address emerging issues in environmental conservation and protection such as Strategic Environmental Assessments and climate change.

3 Overview of the Regulations Has 7 parts and 3 schedules; i) Preliminary:- interpretation and application; ii) Registration of experts; iii) Project report; iv) Integrated Environmental Impact Assessment study; v) Environmental audit and monitoring; vi) Strategic Environmental Assessments; vii) Miscellaneous. First Schedule Forms Second schedule criteria for registration of Environmental Assessment Experts Third schedule code of practice for experts

4 Registration of Experts Part II of the Regulation deal with issues such as:- Qualification criteria and vetting process for Environmental Assessment Experts; How to lodge an application for registration as an Environmental Assessment Expert; Certificate of registration; De-registration of Environmental Assessment Experts; Environmental Assessment Experts practising licence; Designation of training institutions for training Environmental Assessment Experts; Renewal of designation.

5 Project Report This part (III) deals with: Preparation of a project report which is to be done for low and medium risk projects; Contents of the project report; Requirement for public participation in preparation of the project report; Submission of the project report to the Authority and application for an Environmental Impact Assessment Licence;

6 Project Report. Comments on the project report by lead agencies and timelines for receiving comments; Record of decision on the project report; Right of appeal by any person dissatisfied with the decision of the Authority

7 Integrated Environmental Impact Assessment (IEIA) study (part IV) Scoping of proposed projects for IEIA study; Terms of reference for IEIA study; IEIA study to be undertaken as per guidelines by a team of experts; Preparation of IEIA study report; Public participation in conducting IEIA study; Contents of IEIA study report; Submission of IEIA study report

8 IEIA study. Invitation of comments from lead agencies; Invitation of comments from the public; Public hearing; Decision of the Authority; E.I.A. Licence; Monitoring compliance of E.I.A. licence; Variation, transfer, surrender, revocation, suspension or cancellation of E.I.A. licence.

9 Environmental audit and Monitoring This is under part V and captures issues such as: Environmental audit study; Control auditing; Self-auditing; Conduct of environmental audits; Environmental audit report; Post audit orders; Inspections; Monitoring by NEMA and lead agencies; Monitoring report;

10 Strategic Environmental Assessment (SEA) Part VI of the Regulation deal with the SEA process that includes:- Objectives of SEA; Submission of the Policy, Plan or Programme brief by the Policy, Plan or Programme owner; Submission and approval of the scoping report; Contents of a SEA report; Submission of draft SEA report;

11 SEA Invitation of comments on draft SEA report; Incorporation of comments in the draft SEA report; Submission of the final SEA report; Record of decision on SEA study; Monitoring and evaluation of Policy, Plan or Programme.

12 Miscellaneous Part VII contains provisions on:- Access to information; Protection of proprietary information; Projects with trans-boundary impacts Offences; Appeal to the National Environment Tribunal Registers to be maintained by NEMA.

13 Schedules The Regulation has 3 Schedules:- First Schedule Prescribed forms; Second Schedule Criteria for registration of Environmental Assessment Experts; Third Schedule Code of practice and professional ethics for Environmental Assessment Experts.

14 ... CONCERNS> SUGGESTIONS< PROPOSALS> PERFECTION END